New Competitive Product, 219-220 [E8-31252]

Download as PDF Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Rules and Regulations this rule would have a significant economic impact, the Department relied upon the data and assumptions for the counterpart Federal regulations. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), of the Small Business Regulatory Enforcement Fairness Act. This rule: a. Does not have an annual effect on the economy of $100 million. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. based enterprises to compete with foreign-based enterprises. Original amendment submission date * * July 7, 2008 ................................... This determination is based upon the fact that the State submittal which is the subject of this rule is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation was not considered a major rule. Unfunded Mandates This rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of $100 million or more in any given year. This determination is based upon the fact that the State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the federal regulation did not impose an unfunded mandate. SUPPLEMENTARY INFORMATION: I. Introduction On December 19, 2008, the Postal Service filed a formal request pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Express Mail & Priority Mail Contract 3 to the Competitive Product List.1 The Postal Service asserts that the Express Mail & Priority Mail Contract 3 product is a competitive product ‘‘not of general applicability’’ within the meaning of 39 U.S.C. 3632(b)(3). Request at 1. The Request has been assigned Docket No. MC2009– 13. The Postal Service contemporaneously filed a contract related to the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. The contract has been assigned Docket No. CP2009–17. Request. The Request incorporates (1) A redacted version of the Governors’ Decision authorizing the new product; (2) a redacted version of the contract; (3) requested changes in the Mail Classification Schedule product list; (4) a statement of supporting justification as POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket Nos. MC2009–13 and CP2009–17; Order No. 158] New Competitive Product Postal Regulatory Commission. Notice. AGENCY: SUMMARY: The Commission is noticing a recently filed Postal Service request to add Express Mail & Priority Mail Contract 3 to the Competitive Product List. The Postal Service has also filed one related contract. This notice addresses procedural steps associated with these filings. DATES: Comments due January 5, 2008. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202–789–6820 and stephen.sharfman@prc.gov. 13:23 Jan 02, 2009 Dated: November 25, 2008. Allen D. Klein, Regional Director, Western Region. For the reasons set out in the preamble, 30 CFR 926 is amended as set forth below: ■ PART 926—MONTANA 1. The authority citation for part 926 continues to read as follows: ■ Authority: 30 U.S.C. 1201 et seq. 2. Section 926.15 is amended in the table by adding a new entry in chronological order by ‘‘Date of Final Publication’’ to read as follows: ■ § 926.15 Approval of Montana’s regulatory program amendments. * * * * * * * * * January 5, 2009 ............................. Montana Strip and Underground Mine Reclamation Act 82–4–232(3) and (4), 82–4–232 (5)(k), 82–4–232(5)(l). BILLING CODE 4310–05–P VerDate Aug<31>2005 Intergovernmental relations, Surface mining, Underground mining. Citation/description [FR Doc. E8–31275 Filed 1–2–09; 8:45 am] ACTION: List of Subjects in 30 CFR Part 926 * Date of final publication 219 Jkt 217001 1 Request of the United States Postal Service to Add Express Mail & Priority Mail Contract 3 to Competitive Product List and Notice of Establishment of Rates and Class Not of General Applicability, December 19, 2008 (Request). PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 required by 39 CFR 3020.32; and (5) certification of compliance with 39 U.S.C. 3633(a).2 Substantively, the Request seeks to add Express Mail & Priority Mail Contract 3 to the Competitive Product List. Id. at 1–2. In the statement of supporting justification, Kim Parks, Manager, Sales and Communications, Expedited Shipping, asserts that the service to be provided under the contract will cover its attributable costs, make a positive contribution to institutional costs, and increase contribution toward the requisite 5.5 percent of the Postal Service’s total institutional costs. Id., Attachment D. Thus, Ms. Parks contends there will be no issue of subsidization of competitive products 2 Attachment A to the Request consists of the redacted Decision of the Governors of the United States Postal Service on Establishment of Rate and Class Not of General Applicability for Express Mail and Priority Mail Services (Governors’ Decision No. 08–23). The Governors’ Decision includes an attachment which provides an analysis of the proposed Express Mail and Priority Mail Contract 3 and certification of the Governors’ vote. Attachment B is the redacted version of the contract. Attachment C shows the requested changes to the Mail Classification Schedule product list. Attachment D provides a statement of supporting justification for the Request. Attachment E provides the certification of compliance with 39 U.S.C. 3633(a). E:\FR\FM\05JAR1.SGM 05JAR1 220 Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Rules and Regulations by market dominant products as a result of this contract. Id. Related contract. A redacted version of the specific Express Mail & Priority Mail Contract 3 is included with the Request. The contract is for 3 years and is to be effective 1 day after the Commission provides all necessary regulatory approvals. The Postal Service represents that the contract is consistent with 39 U.S.C. 3633(a) and 39 CFR 3015.7(c). See id., Attachment A and Attachment E. It notes that actual performance under this contract could vary from estimates, but concludes that the contract will remain profitable. Id., Attachment A. The Postal Service filed much of the supporting materials, including the Governors’ Decision and the specific Express Mail & Priority Mail Contract 3, under seal. In its Request, the Postal Service maintains that the contract and related financial information, including the customer’s name and the accompanying analyses that provide prices, terms, conditions, and financial projections should remain under seal. Id. at 2–3. II. Notice of Filings The Commission establishes Docket Nos. MC2009–13 and CP2009–17 for consideration of the Request pertaining to the proposed Express Mail & Priority Mail Contract 3 product and the related contract, respectively. In keeping with practice, these dockets are addressed on a consolidated basis for purposes of this order; however, future filings should be made in the specific docket in which issues being addressed pertain. Interested persons may submit comments on whether the Postal Service’s filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642 and 39 CFR part 3015 and 39 CFR part 3020 subpart B. Comments are due no later than January 5, 2009. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints Paul L. Harrington to serve as Public Representative in these dockets. It is Ordered: 1. The Commission establishes Docket Nos. MC2009–13 and CP2009–17 for consideration of the matters raised in each docket. 2. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to serve as officer of the Commission (Public Representative) to represent the interests of the general public in these proceedings. VerDate Aug<31>2005 13:23 Jan 02, 2009 Jkt 217001 3. Comments by interested persons in these proceedings are due no later than January 5, 2008. 4. The Secretary shall arrange for publication of this order in the Federal Register. Dated: December 23, 2008. By the Commission. Steven W. Williams, Secretary. [FR Doc. E8–31252 Filed 1–2–09; 8:45 am] BILLING CODE 7710–FW–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Part 401 [Docket No. USCG–2007–0039] RIN 1625–AB23 2008 Rates for Pilotage on the Great Lakes Coast Guard, DHS. Final Rule. AGENCY: ACTION: SUMMARY: The Coast Guard is revising and finalizing the March 2008 interim rule, which updated rates for pilotage service on the Great Lakes by increasing rates an average of 8.17% over the last ratemaking that was completed in September 2007. In response to new contract provisions and to public comments on our rulemaking, this final rule increases rates an additional 9.95%, for a total average increase of 18.92% since 2007. DATES: This final rule is effective February 4, 2009. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2007–0039 and are available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For questions on this final rule, please call Mr. Paul Wasserman, Chief, Great Lakes Pilotage Branch, Commandant (CG– 54122), U.S. Coast Guard, at 202–372– 1535, by fax 202–372–1929, or e-mail Paul.M.Wasserman@uscg.mil. For questions on viewing or submitting material to the docket, call Renee V. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Wright, Chief, Dockets, Department of Transportation, telephone 202–493– 0402. Table of Contents I. Abbreviations II. Background III. Discussion of Comments IV. Discussion of the Final Rule V. Regulatory Evaluation A. Small Entities B. Assistance for Small Entities C. Collection of Information D. Federalism E. Unfunded Mandates Reform Act F. Taking of Private Property G. Civil Justice Reform H. Protection of Children I. Indian Tribal Governments J. Energy Effects K. Technical Standards L. Environment VI. Words of Issuance and Proposed Regulatory Text I. Abbreviations AMOU American Maritime Officer union GLPAC Great Lakes Pilotage Advisory Committee MISLE Coast Guard Marine Inspection, Safety, and Law Enforcement MOA Memorandum of Agreement NAICS North American Industry Classification System NPRM Notice of Proposed Rulemaking NTTAA National Technology Transfer and Advancement Act OMB Office of Management and Budget II. Background The Great Lakes Pilotage Act of 1960, codified in Title 46, Chapter 93, of the United States Code (U.S.C.), requires foreign-flag vessels and U.S.-flag vessels in foreign trade to use Federal Great Lakes registered pilots while transiting the St. Lawrence Seaway and the Great Lakes system. 46 U.S.C. 9302, 9308. The Coast Guard is responsible for administering this pilotage program, which includes setting rates for pilotage service. 46 U.S.C. 9303. The Coast Guard pilotage regulations require annual reviews of pilotage rates and the creation of a new rate at least once every five years, or sooner, if annual reviews show a need. 46 CFR part 404. 46 U.S.C. 9303(f) requires these reviews and, where deemed appropriate, that adjustments be established by March 1 of every shipping season. To assist in calculating pilotage rates, the three Great Lakes pilots’ associations are required to submit to the Coast Guard annual financial statements prepared by certified public accounting firms. In addition, every fifth year, in connection with the full ratemaking, the E:\FR\FM\05JAR1.SGM 05JAR1

Agencies

[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Rules and Regulations]
[Pages 219-220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31252]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

39 CFR Part 3020

[Docket Nos. MC2009-13 and CP2009-17; Order No. 158]


New Competitive Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission is noticing a recently filed Postal Service 
request to add Express Mail & Priority Mail Contract 3 to the 
Competitive Product List. The Postal Service has also filed one related 
contract. This notice addresses procedural steps associated with these 
filings.

DATES: Comments due January 5, 2008.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at https://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820 and stephen.sharfman@prc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    On December 19, 2008, the Postal Service filed a formal request 
pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Express 
Mail & Priority Mail Contract 3 to the Competitive Product List.\1\ The 
Postal Service asserts that the Express Mail & Priority Mail Contract 3 
product is a competitive product ``not of general applicability'' 
within the meaning of 39 U.S.C. 3632(b)(3). Request at 1. The Request 
has been assigned Docket No. MC2009-13. The Postal Service 
contemporaneously filed a contract related to the proposed new product 
pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. The contract has 
been assigned Docket No. CP2009-17.
---------------------------------------------------------------------------

    \1\ Request of the United States Postal Service to Add Express 
Mail & Priority Mail Contract 3 to Competitive Product List and 
Notice of Establishment of Rates and Class Not of General 
Applicability, December 19, 2008 (Request).
---------------------------------------------------------------------------

    Request. The Request incorporates (1) A redacted version of the 
Governors' Decision authorizing the new product; (2) a redacted version 
of the contract; (3) requested changes in the Mail Classification 
Schedule product list; (4) a statement of supporting justification as 
required by 39 CFR 3020.32; and (5) certification of compliance with 39 
U.S.C. 3633(a).\2\ Substantively, the Request seeks to add Express Mail 
& Priority Mail Contract 3 to the Competitive Product List. Id. at 1-2.
---------------------------------------------------------------------------

    \2\ Attachment A to the Request consists of the redacted 
Decision of the Governors of the United States Postal Service on 
Establishment of Rate and Class Not of General Applicability for 
Express Mail and Priority Mail Services (Governors' Decision No. 08-
23). The Governors' Decision includes an attachment which provides 
an analysis of the proposed Express Mail and Priority Mail Contract 
3 and certification of the Governors' vote. Attachment B is the 
redacted version of the contract. Attachment C shows the requested 
changes to the Mail Classification Schedule product list. Attachment 
D provides a statement of supporting justification for the Request. 
Attachment E provides the certification of compliance with 39 U.S.C. 
3633(a).
---------------------------------------------------------------------------

    In the statement of supporting justification, Kim Parks, Manager, 
Sales and Communications, Expedited Shipping, asserts that the service 
to be provided under the contract will cover its attributable costs, 
make a positive contribution to institutional costs, and increase 
contribution toward the requisite 5.5 percent of the Postal Service's 
total institutional costs. Id., Attachment D. Thus, Ms. Parks contends 
there will be no issue of subsidization of competitive products

[[Page 220]]

by market dominant products as a result of this contract. Id.
    Related contract. A redacted version of the specific Express Mail & 
Priority Mail Contract 3 is included with the Request. The contract is 
for 3 years and is to be effective 1 day after the Commission provides 
all necessary regulatory approvals. The Postal Service represents that 
the contract is consistent with 39 U.S.C. 3633(a) and 39 CFR 3015.7(c). 
See id., Attachment A and Attachment E. It notes that actual 
performance under this contract could vary from estimates, but 
concludes that the contract will remain profitable. Id., Attachment A.
    The Postal Service filed much of the supporting materials, 
including the Governors' Decision and the specific Express Mail & 
Priority Mail Contract 3, under seal. In its Request, the Postal 
Service maintains that the contract and related financial information, 
including the customer's name and the accompanying analyses that 
provide prices, terms, conditions, and financial projections should 
remain under seal. Id. at 2-3.

II. Notice of Filings

    The Commission establishes Docket Nos. MC2009-13 and CP2009-17 for 
consideration of the Request pertaining to the proposed Express Mail & 
Priority Mail Contract 3 product and the related contract, 
respectively. In keeping with practice, these dockets are addressed on 
a consolidated basis for purposes of this order; however, future 
filings should be made in the specific docket in which issues being 
addressed pertain.
    Interested persons may submit comments on whether the Postal 
Service's filings in the captioned dockets are consistent with the 
policies of 39 U.S.C. 3632, 3633, or 3642 and 39 CFR part 3015 and 39 
CFR part 3020 subpart B. Comments are due no later than January 5, 
2009. The public portions of these filings can be accessed via the 
Commission's Web site (https://www.prc.gov).
    The Commission appoints Paul L. Harrington to serve as Public 
Representative in these dockets.
    It is Ordered:
    1. The Commission establishes Docket Nos. MC2009-13 and CP2009-17 
for consideration of the matters raised in each docket.
    2. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to 
serve as officer of the Commission (Public Representative) to represent 
the interests of the general public in these proceedings.
    3. Comments by interested persons in these proceedings are due no 
later than January 5, 2008.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    Dated: December 23, 2008.

    By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8-31252 Filed 1-2-09; 8:45 am]
BILLING CODE 7710-FW-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.